Colours Caribbean, Stonewall and a select group of academics, along with key members of UK Parliament have been overseeing the preliminary draft of a bill introduced by Michael Cashman CBE (Lord Cashman) to make same-sex marriage lawful in those British Overseas Territories where it is currently unlawful. If passed, the bill would empower local governors—who are appointed by Her Majesty The Queen—to make changes to the law that are necessary to legalise same-sex marriage. Provisions in the bill would, at long last, introduce equal civil marriage for same-sex and different-sex couples throughout the British Caribbean, aligning the Caribbean British Overseas Territories with all other dependent territories in the region. It will also place the Caribbean British Overseas Territories in line with all countries in the Americas that are subject to the Inter-American Convention On Human Rights (IACHR), which requires equal marriage.
The bill extends to six British Overseas Territories in the Caribbean: Anguilla; Bermuda; British Virgin Islands; Cayman Islands; Montserrat; and Turks and Caicos Islands.
In a statement Colours Caribbean said, “It is with tremendous pride that we announce the introduction of this bill. Colours Caribbean has been championing for marriage equality in the Cayman Islands for years now, by engaging with local parliament, the Governor, the Premier, international governments and press, via sociopolitical campaigns and also by various means of litigation, with Dr Leonardo Raznovich assisting throughout this time, including with respect to the same-sex marriage case involving Ms Chantelle Day and Ms Vickie Bodden Bush in 2018. While we did celebrate the victory of the Civil Partnership Act of 2020, as expected, it was not without considerable pushback from our own local parliament as well as select conservative groups who are still fighting its introduction in court by the Governor.”
The organization added, “Following the long-awaited and disappointing decision by the UK Privy Council to deny marriage equality to both the Cayman Islands as well as Bermuda—which clearly revealed a discriminatory system of constitutional segregation—it is pleasing to see the UK Parliament recognising its responsibility in this regard and seeking to redress that through this bill by legislating same-sex marriage in all of the Caribbean British Overseas Territories. If this bill succeeds, it will not face the threat of being reversed by local courts on the grounds of constitutional incompatibility as the governors of every applicable jurisdiction will be empowered and required by Act of the UK Parliament to “make provision for the solemnisation of civil marriage of same-sex couples that is equivalent to the provision made for the solemnisation of civil marriage of opposite-sex couples.”
The release went on to note, “The US, the Netherlands and France extended equal marriage to their dependent territories as soon as it became legal in those countries. All of the UK has legalised same-sex marriage (in the case of Northern Ireland, being implemented by legislation of the UK Parliament, as is proposed in this bill) and other UK territories have also long since introduced legislation for same-sex marriage—the British Indian Ocean Territory, the Falkland Islands and Gibraltar to name a few. It is due time that those in the Caribbean be afforded the same equal treatment and protections under the law. We look forward to the passing of the bill. Marriage equality has officially come to the forefront of the agenda and soon all British Overseas Territories in the Caribbean will enjoy the same rights with the same name, ending the anomaly of depriving us of the right to equality enjoyed by all British citizens in the entirety of the UK, the three crown dependencies and the rest of the British Overseas Territories.”